Month: September 2017

How to Prepare for a Wage Claim in California?

How to Prepare for a Wage Claim in California

If your employer owes you unpaid wages, you can file a wage claim with the California Department of Labor Standards Enforcement (DLSE).

Once you’ve decided to move forward with a wage claim, you should gather any documents you have showing that you weren’t paid properly.

You should also request your personnel file and payroll records from your employer as soon as possible.

It’s also helpful to create a timeline of events, starting from your date of hire and continuing to the present day.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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Am I Entitled to a Lunch or Rest Break in California?

Office Business people working overtime

Yes, employees in California are entitled to a meal break of 30 minutes, unpaid, after five hours, except when the workday will be completed in six hours or less and the employer and employee consent to waive the meal break.

The employee cannot work more than ten hours a day without a second 30-minute break, except if the workday is no more than 12 hours. The second meal break may be waived if the first meal break was not waived.

An on-duty paid meal period is permitted when the nature of work prevents relief from all duties and the parties agree in writing.

Employees are also entitled to a paid ten-minute rest period for each four hours worked or major fraction thereof, as practicable, in the middle of the work period. This is not required for California employees whose total daily work time is less than three-and-a-half hours.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

When Am I Entitled to Earn Overtime in California?

When Am I Entitled to Earn Overtime in California

In California, eligible employees must receive overtime if they work more than eight hours in a day or 40 hours in a week.

After working 12 hours in a day, California employees must receive double time. If an employee works on a seventh day, that employee is entitled to time and a half for the first eight hours of work and double time for additional hours.

Not every type of job is eligible for overtime, however.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Is the Minimum Wage Different in California for Tipped Employees?

Is the Minimum Wage Different in California for Tipped Employees

Although the Fair Labor Standards Act (FLSA) and the laws of some states allow employers to pay tipped employees a lower minimum wage, California law does not.

In California, tipped employees are entitled to the full minimum wage for every hour worked.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

What Items Can Be Deducted from California Paychecks?

What Items Can Be Deducted from California Paychecks

An employer may deduct an expense from an employee’s paycheck only if it is expressly allowed by federal or state law, or by a collective bargaining agreement.

An employer may also deduct health insurance premiums and similar costs (for example, contributions to a 401k account), but only if the employee authorizes the deduction in writing. Otherwise, employers may not take deductions, even if the employee owes the employer money.

If an employer loans or advances money to an employee, the employer may deduct regular payments on that loan from the employee’s paycheck. However, the employee must agree to these deductions in writing. And, the employer may not deduct a “balloon payment” of the balance of the loan, even if the employee agrees to such a condition in writing.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

California Paycheck Deductions: What is Allowed? Part III

4.1.1

What other items cannot be deducted from California paychecks?

Tools and equipment. The employer must either provide or reimburse the employee for items the employee must purchase to do the job, such as a vehicle, smartphone, hand tools, or uniform.

Bonding and licensing – If an employee must be bonded or licensed to work for the employer, the employer must pay that cost. Similarly, if the employer requires employees to submit fingerprints, a photograph, or other identifying information, it must pay the cost of those items as well. An employee who is required to take a medical exam as a condition of employment is entitled to reimbursement for that cost, too.

Tips – In California, tips belong to the employee. Employers may not take a “tip credit” by paying tipped employers a lower minimum wage and counting tips towards its own wage obligations. Tip pooling or sharing is allowed, but the employer (and its managers) may not take any part of the tip pool.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

California Paycheck Deductions: What is Allowed? Part II

California Paycheck 2

What cannot be deducted from California paychecks?

In California, the basic rule is that the employer has to pay for all of the normal costs of doing business. It may not pass these expenses along to the employee. Expenses that fall into this category – and therefore may not be deducted from employee paychecks, including:

Business expenses – An employee must be reimbursed for any costs incurred or losses suffered in doing the job. An employer may not deduct these business expenses from an employee’s paycheck. Examples include parking and tolls (when driving on company business), travel, business meals, gifts for clients, and so on.

Breakage and cash shortages – An employer cannot charge an employee for losses caused by the employee’s carelessness. For example, if an employee drops a dish, damages a piece of furniture, or experiences a register shortfall, the employer may not deduct the value of that loss or shortage. These losses are considered part of doing business.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

California Paycheck Deductions: What is Allowed? Part I

 

California Paycheck 1

Every employee knows that the difference between your salary or wages and the amount you actually take home in your paycheck can be huge.

Some paycheck deductions, such as income tax withholding, Social Security and Medicare payments, and premiums for health insurance and other voluntary benefits, are perfectly legal. But some employers take deductions that are not legal.

In California, employers may not deduct from employee paychecks for a variety of expenses, from uniforms and tools to breakage and cash shortages.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Meal and Rest Break Violations

Meal and Rest Break Violations

Although federal law does not require meal or rest breaks, California law does. In California, employers must give employees a 30-minute unpaid meal break after they work five hours; a second meal break is required after employees work ten hours. In addition, California employees are entitled to a paid, ten-minute rest break for every four hours they work.

Employers violate these rules by failing to provide the required breaks at all, requiring employees to work during their breaks, or not providing a second meal break for employees who work overtime.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com